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AN ACT
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relating to certain possessory liens; providing a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (c), Section 70.003, Property Code, |
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is amended to read as follows: |
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(c) A garageman with whom a motor vehicle, motorboat, |
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vessel, or outboard motor is left for care has a lien on the motor |
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vehicle, motorboat, vessel, or outboard motor for the amount of the |
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charges for the care, including reasonable charges for towing the |
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motor vehicle, motorboat, vessel, or outboard motor to the |
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garageman's place of business and excluding charges for repairs. |
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SECTION 2. Section 70.006, Property Code, is amended by |
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amending Subsection (a) and adding Subsections (b-1), (b-2), (b-3), |
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(g), and (h) to read as follows: |
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(a) A holder of a lien under this subchapter or Chapter 59 on |
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a motor vehicle subject to Chapter 501, Transportation Code, or on a |
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motorboat, vessel, or outboard motor for which a certificate of |
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title is required under Subchapter B, Chapter 31, Parks and |
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Wildlife Code, as amended, who retains possession of the motor |
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vehicle, motorboat, vessel, or outboard motor [for 30 days after
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the day that the charges accrue] shall, not later than the 30th day |
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after the date on which the charges accrue, give written notice to |
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the owner and each holder of a lien recorded on the certificate of |
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title. A holder of a possessory lien on a motor vehicle under |
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Section 70.001, other than a person licensed as a franchised dealer |
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under Chapter 2301, Occupations Code, shall file a copy of the |
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notice and all information required by this section with the county |
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tax assessor-collector's office in the county in which the repairs |
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were made with an administrative fee of $25 payable to the county |
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tax assessor-collector. If the motor vehicle, motorboat, vessel, |
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or outboard motor is registered outside this state, the holder of a |
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lien under this subchapter who retains possession during that |
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period shall give notice to the last known registered owner and each |
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lienholder of record. |
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(b-1) A holder of a possessory lien on a motor vehicle under |
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Section 70.001, other than a person licensed as a franchised dealer |
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under Chapter 2301, Occupations Code, who is required to give |
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notice to a lienholder of record under this section must include in |
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the notice: |
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(1) the physical address of the real property at which |
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the repairs to the motor vehicle were made; |
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(2) the legal name of the person that holds the |
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possessory lien for which the notice is required; |
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(3) the taxpayer identification number or employer |
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identification number, as applicable, of the person that holds the |
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possessory lien for which the notice is required; and |
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(4) a signed copy of the work order authorizing the |
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repairs on the motor vehicle. |
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(b-2) If the holder of a possessory lien required to give |
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notice in accordance with Subsection (b-1) does not comply with |
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that subsection, a lien recorded on the certificate of title of the |
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motor vehicle is superior to the possessory lienholder's lien. |
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(b-3) A person commits an offense if the person knowingly |
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provides false or misleading information in a notice required by |
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this section. An offense under this subsection is a Class B |
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misdemeanor. |
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(g) After providing notice in accordance with this section, |
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a holder of a possessory lien on a motor vehicle under Section |
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70.001, other than a person licensed as a franchised dealer under |
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Chapter 2301, Occupations Code, shall, on request, not later than |
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the 30th day after the date on which the charges accrue, make |
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commercially reasonable efforts to allow an owner and each |
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lienholder of record to inspect or arrange an inspection of the |
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motor vehicle by a qualified professional to verify that the |
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repairs were made. |
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(h) Not later than the 10th day after the date the county tax |
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assessor-collector receives notice under this section, the county |
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tax assessor-collector shall provide a copy of the notice to the |
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owner of the motor vehicle and each holder of a lien recorded on the |
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certificate of title of the motor vehicle. Except as provided by |
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this subsection, the county tax assessor-collector shall provide |
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the notice required by this section in the same manner as a holder |
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of a lien is required to provide a notice under this section. |
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SECTION 3. The Texas Transportation Commission shall adopt |
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rules necessary to carry out the Texas Department of |
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Transportation's duties under Sections 70.003 and 70.006, Property |
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Code, as amended by this Act. |
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SECTION 4. The changes in law made by this Act apply only to |
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a possessory lien on a motor vehicle, motorboat, vessel, or |
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outboard motor the possession of which is obtained on or after the |
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effective date of this Act. A possessory lien on a motor vehicle, |
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motorboat, vessel, or outboard motor the possession of which was |
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obtained before that date is governed by the law in effect at the |
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time possession was obtained, and the former law is continued in |
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effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 543 passed the Senate on |
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April 2, 2009, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendment on May 11, 2009, by the |
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following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 543 passed the House, with |
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amendment, on May 6, 2009, by the following vote: Yeas 142, |
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Nays 0, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |